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<strong>Bakery</strong>, <strong>Confectionery</strong>, <strong>Tobacco</strong> Workers and Grain Millers International Union<br />

March/<br />

April 2012<br />

Volume 14<br />

Number 2


T<br />

the PRESIDENT’S MESSAGE<br />

WHY the BCTGM Endorses<br />

President Obama for Re-Election<br />

The greatest responsibility<br />

of International and local union<br />

officers and staff is <strong>to</strong> work hard<br />

every day <strong>to</strong> protect the rights<br />

and interests of our members<br />

and defend the integrity of the<br />

BCTGM. This is what we do<br />

in negotiations and when we<br />

enforce the letter and spirit of<br />

our contracts with management.<br />

This is also the reason the BCTGM is actively involved<br />

in the political process at the national, state and local levels.<br />

Whether we like it or not, the hard truth is that decisions<br />

made by politicians have an extraordinary impact on the<br />

lives of our members and their families.<br />

In March, the BCTGM General Executive Board voted<br />

unanimously and enthusiastically <strong>to</strong> endorse President<br />

Barack Obama for re-election. The members of the GEB<br />

<strong>to</strong>ok this action for a number of reasons.<br />

First and foremost, throughout his presidency, Barack<br />

Obama has displayed a solid determination <strong>to</strong> do what<br />

is best for our nation and all of its citizens, not just the<br />

privileged few. He has taken on the richest and most<br />

powerful interests in this country – Wall Street, big banks<br />

and credit card companies, oil companies and the health<br />

insurance industry – in order <strong>to</strong> protect the middle class and<br />

the most vulnerable in our society.<br />

From his very first days in office, the President has<br />

consistently opened his door <strong>to</strong> organized labor, genuinely<br />

seeking our counsel and input on the most important<br />

matters affecting working people. He backed up this talk<br />

with action by placing in senior positions throughout his<br />

Administration people who respect and value the labor<br />

movement and who are sincere advocates for working men<br />

and women.<br />

When he <strong>to</strong>ok office, President Obama inherited<br />

from the Bush Administration an economy in freefall with<br />

hundreds of thousands of our fellow citizens losing their<br />

jobs every month. Entire industries were near collapse.<br />

Through principled, skillful leadership and a willingness<br />

<strong>to</strong> make very difficult, often times politically risky decisions,<br />

President Obama and his Administration brought our nation<br />

back from the brink of economic collapse, stabilized the<br />

economy and put it on a path of growth and job creation.<br />

While there is a long way <strong>to</strong> go and far <strong>to</strong>o many Americans<br />

are still out of work, President Obama’s plan of putting<br />

working families and the middle class first offers the best<br />

hope for a more prosperous future.<br />

In assessing the Republican candidates, including<br />

the likely nominee Mitt Romney, our Board saw a group<br />

of politicians squarely lined up behind the policies of the<br />

Republican House leadership – ending Medicare as we know<br />

it, privatizing Social Security, eliminating controls on the<br />

business practices of corporations and banks and expanding<br />

tax breaks for oil companies and corporations that move<br />

jobs and profits overseas.<br />

“Unions are the corners<strong>to</strong>ne of the<br />

middle class…America cannot have<br />

a strong, growing economy without<br />

a strong, growing middle class and<br />

without a strong labor movement.”<br />

-President Obama, September 5, 2011<br />

These are policies that benefit only<br />

the wealthiest among us, multinational<br />

corporate bosses and Wall Street<br />

insiders; policies that caused the worst<br />

economic crisis and hardship since the<br />

Great Depression; policies that would<br />

erode the standard of living of working<br />

families and jeopardize the future for<br />

our children and grandchildren.<br />

If we want an idea of what would be in s<strong>to</strong>re for union<br />

members with a Mitt Romney presidency and a House and<br />

Senate controlled by Republicans, we need only look <strong>to</strong><br />

Wisconsin, Ohio, Indiana, Michigan and other states where<br />

right-wing governors and legisla<strong>to</strong>rs have declared war on<br />

workers and unions, steamrolling in<strong>to</strong> law the most antiunion<br />

legislation and regulations this country has seen in<br />

decades.<br />

In a Mitt Romney presidency, the war on workers and<br />

unions now centered in the states would be brought <strong>to</strong> the<br />

national stage with the very real possibility of a federal<br />

“right-<strong>to</strong>-work for less” law.<br />

And, we can be certain that our employers would be<br />

salivating at the opportunity <strong>to</strong> take maximum advantage in<br />

negotiations of a renewed climate of government-sanctioned<br />

anti-unionism just as they did during the Bush years.<br />

For the BCTGM, our mission is clear. If we are going<br />

<strong>to</strong> meet our primary responsibility of protecting the interests<br />

of our members and their families as well as defend the<br />

integrity of our Union, then we must put forth the very best<br />

effort we can muster <strong>to</strong> re-elect President Obama. There is<br />

simply <strong>to</strong>o much at stake <strong>to</strong> do anything less!<br />

Frank Hurt<br />

BCTGM International President<br />

BCTGM News<br />

Official Publication of the <strong>Bakery</strong>, <strong>Confectionery</strong>, <strong>Tobacco</strong><br />

Workers and Grain Millers International Union<br />

10401 Connecticut Avenue, Kensing<strong>to</strong>n, Maryland 20895-3961<br />

(301) 933-8600<br />

www.bctgm.org<br />

Frank Hurt, Edi<strong>to</strong>r<br />

Corrina A. Christensen, Assistant Edi<strong>to</strong>r<br />

BCTGM General Executive Board<br />

President Frank Hurt • Secretary-Treasurer David B. Durkee<br />

Vice Presidents Steve Bertelli • Sean Kelly • Micheal T. Konesko<br />

Arthur Montminy • Robert Oakley • James Rivers • Randy Roark<br />

BCTGM General Executive Board Members<br />

Joyce Als<strong>to</strong>n • Thomas Bingler • Edward Burpo • Butch Henley<br />

Barry Jenkins • Johnny Jackson • Paul LaBuda • Richard Lewis<br />

Vester Newsome • Ron Piercey • Donna Scarano<br />

Brad Schmidt • Doyle Townson<br />

BCTGM News (ISSN 1525-4860) is published bi-monthly by the <strong>Bakery</strong>, <strong>Confectionery</strong>, <strong>Tobacco</strong> Workers<br />

and Grain Millers International Union, 10401 Connecticut Avenue, Kensing<strong>to</strong>n, MD 20895-3961. Periodicals<br />

postage paid at Kensing<strong>to</strong>n, MD and at additional mailing offices. Subscription <strong>to</strong> new members<br />

only. Postmaster: Send address changes <strong>to</strong> BCTGM News, 10401 Connecticut Avenue, Kensing<strong>to</strong>n, MD<br />

20895-3961.<br />

2 BCTGM News


BCTGM Sugar Locals Meet in Red River Valley<br />

East Grand Forks, Minn.—<br />

Thirty-four representatives of 11<br />

BCTGM local unions met April<br />

14 <strong>to</strong> discuss issues of importance<br />

<strong>to</strong> union members employed in<br />

the sugar industry. Chief among<br />

those issues was American Crystal<br />

Sugar’s (ACS) lockout of 1,300<br />

BCTGM members in Minnesota,<br />

North Dakota, and Iowa nearly nine<br />

months ago.<br />

Participants in the sugar<br />

meeting included representatives<br />

from Locals 167G (Grand Forks,<br />

N.D.), 267G (Crooks<strong>to</strong>n, Minn.),<br />

372G (Hillsboro, N.D.), 283G<br />

(Twin Falls, Idaho), 369G (Renville,<br />

Minn.), 282G (Heyburn, Idaho),<br />

284G (Nampa, Idaho), 285G<br />

(Sidney, Mont.), 262G (Croswell,<br />

Mich.), 263G (Bay City, Mich.) and<br />

260G (Caro, Mich.). This is the fifth<br />

meeting of BCTGM sugar locals<br />

since 2008. The group also met in<br />

2009, 2010 and 2011.<br />

BCTGM International<br />

Secretary-Treasurer/Direc<strong>to</strong>r of<br />

Organization David B. Durkee<br />

led the meeting and provided a<br />

forum for the local union leaders <strong>to</strong><br />

discuss issues, concerns, bargaining<br />

strategies and the lockout of<br />

fellow union members at American<br />

Crystal. Participants of the meeting<br />

represent workers at Amalgamated<br />

Sugar Co. in Idaho, Sidney Sugars in<br />

Montana (owned by ACS), Michigan<br />

Sugar Co., Southern Minnesota Beet<br />

Sugar Cooperative, and Minn-Dak<br />

Farmers Cooperative.<br />

Locked out union members<br />

discussed the impact the dispute<br />

has had on their families and<br />

communities since it began on<br />

August 1, 2011.<br />

“It was important for us <strong>to</strong><br />

hold our meeting in the Red River<br />

Valley this year so that we could<br />

hear from workers affected by this<br />

lockout. Also, we wanted <strong>to</strong> show<br />

our solidarity in<br />

person,” notes<br />

BCTGM Local<br />

260G President<br />

Randy Joles,<br />

who works<br />

for Michigan<br />

Sugar.<br />

The<br />

local union<br />

representatives<br />

shared<br />

information<br />

with one<br />

another about<br />

the state of the<br />

sugarbeet industry and the impact<br />

the lockout is having beyond Crystal<br />

Sugar. “We are seeing competi<strong>to</strong>rs<br />

of Crystal Sugar paying out higher<br />

payments <strong>to</strong> co-op members and<br />

increasing capital expenditures,”<br />

said BCTGM Local 369G<br />

President Wayne Trager, who is<br />

employed by Southern Minnesota<br />

Beet Sugar Cooperative. “It’s<br />

pretty clear <strong>to</strong> us that Crystal<br />

Sugar’s competi<strong>to</strong>rs are seeing<br />

great opportunities because of the<br />

lockout. This situation is hurting<br />

our brothers and sisters here in the<br />

Red River Valley, and it’s damaging<br />

the company, perhaps for the long<br />

term. That’s not good for workers<br />

or shareholders.”<br />

The BCTGM members visited<br />

with locked out workers outside the<br />

East Grand Forks fac<strong>to</strong>ry following<br />

the formal meeting proceedings.<br />

“The entire BCTGM<br />

International is behind the locked<br />

out ACS members. We will stand<br />

strong with them as long as it takes<br />

<strong>to</strong> win justice,” says Durkee, who<br />

also participated in the solidarity<br />

rally outside the East Grand Forks<br />

facility.<br />

The locked out ACS members<br />

welcomed the solidarity of the<br />

BCTGM sugar locals. “Having our<br />

brothers and sisters from across<br />

the country join us outside the<br />

plant is extremely important in<br />

this struggle,” reflects Local 167G<br />

member Carla Kennedy, who is<br />

locked out of her job at the East<br />

Grand Forks ACS fac<strong>to</strong>ry.<br />

March/April 2012 www.bctgm.org 3


BCTGM Enthusiastically Endorses<br />

Barack Obama<br />

Following the lead of the<br />

AFL-CIO Executive<br />

Council, the BCTGM<br />

announced on April 5 that<br />

the General Executive Board<br />

unanimously<br />

voted <strong>to</strong><br />

endorse<br />

President<br />

Barack Obama<br />

for re-election.<br />

In<br />

announcing<br />

the Board’s<br />

decision,<br />

BCTGM<br />

International<br />

President<br />

Frank Hurt<br />

explained, “After assessing the<br />

positions of the Republican<br />

candidates for President on the<br />

issues that matter most <strong>to</strong> our<br />

members and their families, and<br />

comparing them with those of<br />

President Obama, our Board<br />

spoke loudly and clearly.<br />

“Each of the Republican<br />

candidates for President has<br />

lined up squarely behind the<br />

policies of the Republican<br />

House leadership; policies that<br />

benefit only the wealthiest<br />

among us, multinational<br />

corporate bosses and Wall<br />

Street titans. These policies<br />

would erode the standard of<br />

living of working families and<br />

jeopardize the future for our<br />

children and grandchildren.<br />

The BCTGM<br />

intends <strong>to</strong> engage<br />

our members and<br />

their families fully in<br />

this critical campaign<br />

for the future of our<br />

great nation.<br />

“Moreover, the Republican<br />

presidential candidates have<br />

thoroughly embraced policies<br />

specifically<br />

designed<br />

<strong>to</strong> weaken<br />

organized labor<br />

and undermine<br />

the rights of<br />

workers in the<br />

workplace.”<br />

Hurt added,<br />

“The BCTGM<br />

is proud<br />

<strong>to</strong> endorse<br />

President<br />

Obama.<br />

Throughout his presidency,<br />

Barack Obama has displayed<br />

extraordinary leadership,<br />

vision, courage and<br />

determination <strong>to</strong> do<br />

what is best for our<br />

in2012<br />

nation and all of its citizens, not<br />

just the privileged few.<br />

“The BCTGM intends <strong>to</strong><br />

engage our members and their<br />

families fully in this critical<br />

campaign for the future of our<br />

great nation. There is far <strong>to</strong>o<br />

much at stake for anything less<br />

than the very best effort we can<br />

muster.”<br />

4 BCTGM News


President Obama’s Accomplishments<br />

As President Obama’s first term nears its end, it is time <strong>to</strong> take s<strong>to</strong>ck of his<br />

accomplishments, as well as <strong>to</strong> assess progress <strong>to</strong>ward the goals not yet achieved<br />

since his his<strong>to</strong>ric election.<br />

During his first two years in office, the President made substantial progress in<br />

dismantling the dangerous legacy left by President George W. Bush and <strong>to</strong>ok many<br />

steps <strong>to</strong> put in place a truly progressive, pro-worker agenda. In fact, Obama’s first<br />

year in office has been marked by a series of significant achievements, including<br />

creating jobs as a result of the economic stimulus, eliminating wasteful spending,<br />

increasing government transparency, and expanding federal health insurance<br />

programs <strong>to</strong> cover millions more children. Among the President’s accomplishments:<br />

HEALTH CARE REFORM. The his<strong>to</strong>ric Affordable Care Act (ACA) puts<br />

the U.S. on the path <strong>to</strong>ward quality, affordable health care for all Americans.<br />

Already, 2.5 million more young adults have health coverage because parents<br />

can keep dependents on their plans until age 26; 54 million additional Americans<br />

received preventive coverage without required cost-sharing; 3.6 million Medicare<br />

beneficiaries saved more than $2.1 billion on prescription drugs in the Part D<br />

“donut hole.”<br />

PASSING STIMULUS, GENERATING JOBS. On February 17, 2009,<br />

President Obama signed the $787 billion American Recovery and Reinvestment Act,<br />

the largest economic stimulus and jobs program in his<strong>to</strong>ry. In December 2009, the<br />

nonpartisan Congressional Budget Office (CBO) issued a report estimating that<br />

“in the third quarter of calendar year 2009, an additional 600,000 <strong>to</strong> 1.6 million<br />

people were employed in the United States” due <strong>to</strong> that legislation. According <strong>to</strong><br />

the White House Council of Economic Advisers, CBO has increased its estimate <strong>to</strong><br />

800,000 <strong>to</strong> 2.4 million additional employed through the fourth quarter of that year.<br />

PROMOTING WORKERS’ RIGHTS. The Obama Administration has moved<br />

aggressively <strong>to</strong> protect workers’ rights, workers’ pay and workers’ health and safety<br />

on the job. President Obama named experience worker advocates <strong>to</strong> the NLRB<br />

and the National Mediation Board; with new Democratic majorities, these boards<br />

have taken steps <strong>to</strong> level the playing field for workers who want <strong>to</strong> form and join<br />

unions. One of the first bills the President signed in<strong>to</strong> law was the Lilly Ledbetter<br />

Fair Pay Act, which expands the rights of workers <strong>to</strong> sue employers over wage<br />

discrimination claims.<br />

WALL STREET REFORM. To prevent another financial collapse, the Obama<br />

Administration proposed and worked <strong>to</strong> pass the most comprehensive reform<br />

of the financial sec<strong>to</strong>r since the 1930s. The Dodd-Frank Wall Street Reform<br />

law is a major win for workers and the middle class over Wall Street greed and<br />

irresponsible risk taking.<br />

March/April 2012 www.bctgm.org 5


The Largest, Most Efficient <strong>Bakery</strong><br />

Canada’s largest, most<br />

modern and efficient<br />

commercial bakery<br />

opened in this fall with<br />

BCTGM Local<br />

In 2012, it is<br />

expected that the<br />

plant will employ<br />

approximately<br />

250 <strong>to</strong> 300<br />

employees and hire<br />

an additional 31<br />

seasonal workers.<br />

264 (Toron<strong>to</strong>)<br />

members<br />

producing some<br />

of the country’s<br />

most loved bread<br />

products.<br />

The $100<br />

million Canada<br />

Bread plant<br />

covers 385,000<br />

square feet<br />

in Hamil<strong>to</strong>n,<br />

Ontario. The<br />

bakery is a division of Maple Leaf<br />

Foods, and produces a variety<br />

of fresh baked products, mostly<br />

from the Dempster’s and Villaggio<br />

lines. The bakery, dubbed “The<br />

Trillium,” is capable of producing<br />

250,000 loaves of bread per day.<br />

Local 264 bakers produce<br />

white and whole wheat breads,<br />

buns, English muffins and <strong>to</strong>rtillas<br />

using Canadian wheat. Once fully<br />

operational, the bakery will have<br />

at least seven lines. By the end<br />

of 2012, it is expected that the<br />

plant will employ approximately<br />

250 <strong>to</strong> 300 employees and hire an<br />

additional 31 seasonal workers.<br />

When Canada<br />

Bread announced<br />

it was building the<br />

new “super bakery”<br />

in Hamil<strong>to</strong>n, it<br />

closed its bakery<br />

in Toron<strong>to</strong>, where<br />

members<br />

of BCTGM<br />

Local<br />

264 were<br />

employed.<br />

All production<br />

from that<br />

plant was shifted <strong>to</strong> the<br />

new Hamil<strong>to</strong>n bakery and<br />

all 80 union members<br />

affected by the plant closing<br />

were offered jobs. Local<br />

264 successfully gained<br />

recognition at the new<br />

Trillium bakery because<br />

it represents workers at<br />

Canada Bread’s Nebo<br />

<strong>Bakery</strong>, also located in<br />

Hamil<strong>to</strong>n. The existing<br />

contract with that bakery<br />

contains language that gives Local<br />

264 recognition language for any<br />

new facility built in the city of<br />

Hamil<strong>to</strong>n.<br />

Local 264 will gain an average<br />

of 195 new members thanks <strong>to</strong><br />

this effort. BCTGM International<br />

President Frank Hurt praised,<br />

“Local 264’s tireless efforts <strong>to</strong><br />

organize the new facility.”<br />

The plant is also considered<br />

6 BCTGM News


in the World is BCTGM PROUD<br />

one of the most environmentally<br />

friendly and most technologically<br />

advanced, using new, “green<br />

technologies” <strong>to</strong> help control<br />

heating, cooling, lighting, and<br />

wastewater.<br />

The bakery was built under<br />

the Leadership in Energy and<br />

Environmental Design (LEED)<br />

New Construction program,<br />

a green building rating system<br />

that covers an explicit set of<br />

environmental performance<br />

criteria, organized within five<br />

categories: sustainable sites; water<br />

efficiency; energy and atmosphere;<br />

materials and resources; and<br />

indoor environmental quality.<br />

March/April 2012 www.bctgm.org 7


SAFEJOBS<br />

SAVELIVES<br />

KEEP THE PROMISE ALIVE<br />

F<br />

our decades ago,<br />

Congress passed<br />

the Occupational<br />

Safety and Health<br />

Act, promising every<br />

worker the right <strong>to</strong> a<br />

safe job. Unions and our<br />

allies have fought hard <strong>to</strong><br />

make that promise a reality<br />

– winning protections that<br />

have made jobs safer, saved<br />

hundreds of thousands of<br />

lives and prevented millions of<br />

workplace injuries and illnesses.<br />

But our work is not<br />

done. Many job hazards are<br />

unregulated and uncontrolled.<br />

Some employers, like Massey<br />

Energy and BP, cut corners and<br />

violate the law, putting workers<br />

in serious danger and costing<br />

lives. Each year thousands of<br />

workers are killed and millions<br />

more injured or diseased<br />

because of their jobs.<br />

The Obama Administration<br />

has moved forward <strong>to</strong><br />

strengthen protections with<br />

<strong>to</strong>ugher enforcement on<br />

serious viola<strong>to</strong>rs<br />

and proposed<br />

new safeguards<br />

for workplace<br />

hazards. But<br />

business<br />

groups and<br />

the Republican<br />

majority in the<br />

U.S. House of<br />

Representatives<br />

are attacking these stronger<br />

measurers, falsely claiming<br />

they kill jobs. They are pushing<br />

legislation <strong>to</strong> make it difficult, if<br />

not impossible, <strong>to</strong> issue needed<br />

safeguards <strong>to</strong> protect workers<br />

and the public.<br />

We cannot and will not let<br />

them turn back the clock and<br />

destroy the progress we have<br />

Each year<br />

thousands of<br />

workers are killed<br />

and millions more<br />

injured or<br />

diseased because<br />

of their jobs.<br />

made <strong>to</strong> make jobs safer and<br />

save lives. Safety laws and<br />

regulations don’t kill jobs—but<br />

unsafe jobs do kill workers.<br />

On April 28, the BCTGM<br />

and all unions<br />

of the AFL-CIO<br />

observe Workers<br />

Memorial Day<br />

<strong>to</strong> remember<br />

those who have<br />

suffered and<br />

died on the job<br />

and <strong>to</strong> renew<br />

the fight for safe<br />

workplaces. This<br />

year we will fight <strong>to</strong> create good<br />

jobs in this country that are<br />

safe and healthy. We will fight<br />

for the freedom of workers<br />

<strong>to</strong> form unions and, through<br />

their unions, <strong>to</strong> speak out and<br />

bargain for respect and a better<br />

future. We will demand that the<br />

country fulfill the promise of<br />

safe jobs for all.<br />

8 BCTGM News


WORKERS MEMORIAL DAY • APRIL 28<br />

Decades of struggle by workers and their unions<br />

have resulted in significant improvements in<br />

working conditions. The Obama Administration has<br />

moved forward <strong>to</strong> strengthen worker protections.<br />

But business groups and the Republican majority<br />

in the U.S. House of Representatives are trying <strong>to</strong><br />

block stronger measurers and roll back existing<br />

protections. It is time <strong>to</strong> organize, take action and<br />

fight for safe jobs for workers including...<br />

Defending safety and health protections and workers’ rights from<br />

industry attacks.<br />

Requiring employers <strong>to</strong> find and fix hazards and implement a<br />

worksite safety and health program <strong>to</strong> prevent injuries, illnesses and<br />

deaths.<br />

Winning new workplace safeguards for silica, combustible dust and<br />

infectious diseases.<br />

Prohibiting employer policies and practices that discourage reporting<br />

of workplace injuries.<br />

Protecting workers from ergonomic hazards that still cripple and<br />

injure more workers than any other workplace hazard.<br />

Increasing attention <strong>to</strong> the safety and health of Hispanic and<br />

immigrant workers who are at much greater risk of death and injury.<br />

Strengthening protections for miners, including tighter standards for<br />

coal dust <strong>to</strong> protect against Black Lung.<br />

Passing the Protecting America’ s Workers Act <strong>to</strong> provide OSHA<br />

protection for all workers who lack protection, stronger criminal<br />

and civil penalties for companies that seriously violate job safety laws<br />

and improved anti-retaliation protections for workers who raise job<br />

safety concerns.<br />

Ensuring workers’ right <strong>to</strong> have a voice on the job, and <strong>to</strong><br />

freely choose <strong>to</strong> join a union without employer interference or<br />

intimidation.<br />

March/April 2012 www.bctgm.org 9


OSHA Scrutinizes<br />

Employer Safety Programs that<br />

Discourage Reporting of Injuries<br />

In mid-March the Occupational Safety and<br />

Health Administration (OSHA), announced<br />

a new policy memorandum, which was<br />

sent <strong>to</strong> all Regional Administra<strong>to</strong>rs<br />

and Whistleblower Program<br />

Managers, outlining the Agency’s<br />

policy concerning Employer Safety<br />

Incentive and/or Disincentive<br />

Policies and Practices.<br />

While the memorandum does<br />

not create any new protections for<br />

workers, it clearly articulates what<br />

types of safety programs violate the<br />

spirit of the Act.<br />

For years, labor unions and<br />

occupational safety advocates have been<br />

urging OSHA <strong>to</strong> look more closely at Employer safety<br />

incentive programs that either punish a worker for<br />

reporting an injury, or offers workers incentives <strong>to</strong> keep<br />

their injuries quiet.<br />

The memorandum makes several things very clear:<br />

• Section 11 (c) of the OSH Act prohibits<br />

an employer from discriminating against an<br />

employee because the employee reports an<br />

injury or illness.<br />

• Reporting a work-related injury or illness is<br />

a core employee right, and retaliating against<br />

a worker for reporting an injury or illness is<br />

illegal discrimination under the Act.<br />

• There are several types of workplace<br />

safety policies and programs that could<br />

discourage reporting and could constitute<br />

unlawful discrimination and a violation of<br />

Section 11 (c).<br />

According <strong>to</strong> the memorandum, “if employees<br />

do not feel free <strong>to</strong> report injuries or illnesses, the<br />

employer’s entire workforce is put at risk. Employers<br />

do not learn of and correct dangerous conditions that<br />

have resulted in injuries, and injured employees may<br />

not receive the proper medical attention, or<br />

the workers’ compensation benefits <strong>to</strong><br />

which they are entitled.”<br />

In the memorandum, OSHA<br />

outlined the most common<br />

potentially discrimina<strong>to</strong>ry policies,<br />

including:<br />

• Policies that take disciplinary<br />

action against employees who are<br />

injured on the job, regardless of the<br />

circumstance surrounding the injury (i.e<br />

through no fault of their own).<br />

• Policies that punish workers for being injured<br />

on the grounds that they violated a company<br />

safety rule.<br />

• Policies that restrict the time in which an<br />

employee can report a workplace injury or<br />

illness.<br />

• Policies that intentionally or unintentionally<br />

provide an employee an incentive NOT <strong>to</strong><br />

report an injury or illness (i.e. safety incentive<br />

programs that either offer rewards <strong>to</strong><br />

employees who do not report an injury, or take<br />

away rewards from employees who do report<br />

an injury).<br />

OSHA also found that the potential for unlawful<br />

discrimination under these types of policies may<br />

increase when management or supervisors receive<br />

bonuses if injury reporting is low or non-existent.<br />

According <strong>to</strong> BCTGM International President<br />

Frank Hurt, this is a good first step in addressing the<br />

problem of employer safety programs that punish<br />

workers for being injured on the job. “Perhaps further<br />

enforcement in this area will force employers <strong>to</strong> focus<br />

on eliminating hazards, instead of punishing our<br />

members for suffering an injury on the job,” said Hurt.<br />

10 BCTGM News


Rivers Elected Vice President Region Four<br />

O<br />

n April 1, the BCTGM<br />

International General<br />

Executive Board elected<br />

International Representative<br />

James Rivers as Fourth Region<br />

International Vice President. He<br />

Hurt Appoints Woods, Howard as International Representatives<br />

BCTGM International President<br />

Frank Hurt has appointed two new<br />

International Representatives <strong>to</strong> the<br />

BCTGM staff.<br />

Dennis Howard (above),<br />

former Business Agent/Financial<br />

Secretary of Local 280 (Evansville,<br />

Ind.), will serve as a Region Three<br />

International Representative. David<br />

Woods, former Business Agent/<br />

Financial Secretary of Local 25<br />

(Chattanooga, Tenn.), will serve<br />

as a Region Four International<br />

Representative.<br />

Howard joined Local 280 in<br />

1979 when he went <strong>to</strong> work at<br />

Colonial <strong>Bakery</strong> (Earthgrains/Sara<br />

Lee) in Owensboro, Ky. In 1982,<br />

he was elected chief shop steward<br />

replaces Anthony<br />

Johnson, who<br />

announced his<br />

retirement at the<br />

meeting.<br />

International<br />

President Frank<br />

Hurt said, “I am<br />

delighted that the<br />

board elected James,<br />

as his record of<br />

service, combined<br />

with his knowledge<br />

and skills are<br />

outstanding. I am<br />

confident that James<br />

will do an excellent<br />

job in serving the<br />

International and our members in<br />

the fourth region.”<br />

Rivers became a member of<br />

BCTGM Local 42 (Atlanta) in May<br />

1974 when he went <strong>to</strong> work as a<br />

warehouseman and forklift opera<strong>to</strong>r<br />

for the bakery. He was elected as a<br />

Local 280 Trustee <strong>to</strong> the Executive<br />

board in 1985, and soon after was<br />

elected as President of the local. In<br />

1998, Howard was elected Business<br />

Agent/Financial Secretary, a<br />

position he served for 14 years.<br />

Howard is the President<br />

of the BCTGM Third Region<br />

Council. He has sat on the BCTGM<br />

Policy Committee, the Credential<br />

Committee, and the Committee on<br />

Committees at previous BCTGM<br />

International Constitutional<br />

Conventions – the union’s highest<br />

governing body.<br />

Howard has been a delegate <strong>to</strong><br />

the Evansville Labor Council, the<br />

Owensboro Council of Labor and<br />

serves as the Financial Secretary for<br />

the Evansville Labor Temple. He<br />

resides in Owensboro.<br />

Woods (right) joined the<br />

BCTGM in August 1989 when he<br />

went <strong>to</strong> work at White Lilly Foods<br />

Co. as a maintenance mechanic. In<br />

2004, he was elected as Assistant<br />

at J.H. Filbert, Inc. in Atlanta.<br />

He served as a shop steward,<br />

contract committee member and<br />

an executive board member of the<br />

local.<br />

In July 1978, Rivers was hired<br />

as an International Representative,<br />

a position he has served for 35<br />

years. He proudly notes that labor<br />

runs deep in his blood. “My father<br />

was a member of the Textile<br />

Workers Union for 35 years and<br />

then a member of BCTGM<br />

Local 25 until his retirement. He<br />

shaped me as a worker, and I have<br />

always believed that all workers<br />

are valuable <strong>to</strong> the success of a<br />

business or industry and should<br />

be treated accordingly,” concludes<br />

Rivers.<br />

He and his wife of 39 years,<br />

Debra, reside in Fayetteville, Ga.<br />

They have three grown sons,<br />

Daniel, Timothy and Austin.<br />

Business Agent for Local 25. He<br />

was elected the local’s Business<br />

Agent/Financial Secretary in 2007,<br />

a position he served until his recent<br />

appointment.<br />

Woods served on the<br />

Committee on Constitution at<br />

the BCTGM’s 38 th Constitutional<br />

Convention in 2010.<br />

A 2010 George Meany Award<br />

recipient, Woods is a Trustee of the<br />

Chattanooga Central Labor Council.<br />

He has also served as a committee<br />

member of the Knoxville-Oakridge<br />

Labor Council. He resides in<br />

Knoxville, Tenn.<br />

March/April 2012 www.bctgm.org 11


Panera Bread Bakers<br />

Vote <strong>to</strong> Join BCTGM<br />

Kalamazoo, Mich. – If you<br />

drive by a Panera Bread Café on any<br />

given morning, you will be treated<br />

<strong>to</strong> the decadent smell of freshly<br />

baking bread and sweet goods,<br />

thanks <strong>to</strong> the artful skills of Panera<br />

Bread bakers.<br />

These bakers work from<br />

10:00 p.m. <strong>to</strong> 6:00 a.m. <strong>to</strong> make<br />

sure fresh breads, rolls, cakes and<br />

other baked goods are carefully<br />

molded and prepared for the early<br />

morning Café opening. And if you<br />

were in Kalamazoo, Mich. early on<br />

March 23, you may have heard the<br />

joyful shouts of the Panera bakers<br />

celebrating their union vic<strong>to</strong>ry.<br />

When the 18 bakers, who are<br />

employed by the Bread of Life<br />

Franchise –which owns all Panera<br />

locations along the I-94 corridor of<br />

Southwest Michigan— decided they<br />

had enough of being improperly<br />

compensated as skilled bakers, they<br />

reached out <strong>to</strong> the BCTGM through<br />

the International’s<br />

website,<br />

www.BCTGM.org.<br />

The Panera bakers<br />

were concerned with<br />

inadequate medical<br />

insurance, insufficient<br />

time off, unsafe<br />

working conditions<br />

and improvements<br />

<strong>to</strong> the bakeries that<br />

were being ignored by<br />

management. When<br />

90 percent of the Panera bakers<br />

signed union cards, they approached<br />

management and requested<br />

recognition as a union.<br />

Rather than honoring the<br />

request of the skilled bakers <strong>to</strong><br />

These bakers<br />

work from 10:00<br />

p.m. <strong>to</strong> 6:00 a.m.<br />

<strong>to</strong> make sure<br />

baked goods are<br />

carefully molded<br />

and prepared for<br />

the early morning<br />

Café opening.<br />

become union, the owners of the<br />

Michigan Panera franchise hired a<br />

law-firm <strong>to</strong> delay a union vote by<br />

claiming the I-94 Division was not<br />

an appropriate unit. The National<br />

Labor Relations Board (NLRB)<br />

ruled these bakers were indeed<br />

an appropriate unit and directed<br />

a secret ballot election be held on<br />

March 22.<br />

Bread of Life/<br />

Panera Bread also<br />

hired one of the<br />

largest known union<br />

busting consulting<br />

firms <strong>to</strong> fight the<br />

unionization effort.<br />

“I felt like we were<br />

prisoners of Panera,<br />

rather than bakers<br />

of Panera,” one of<br />

the bakers recalls.<br />

“They would work us all night and<br />

then force us <strong>to</strong> attend manda<strong>to</strong>ry<br />

captive audience meetings in the<br />

morning.”<br />

Another Panera baker notes,<br />

“They would keep us sleep<br />

deprived, hungry and then<br />

cram us with anti-union Panera<br />

propaganda.”<br />

The workers s<strong>to</strong>od strong<br />

through eight weeks of threats,<br />

intimidation and other tactics used<br />

by management in an attempt<br />

<strong>to</strong> pressure the workers <strong>to</strong> vote<br />

against the union.<br />

Following the NLRB election<br />

on March 22, when workers<br />

voted at each of the six Panera<br />

café locations in Southwestern<br />

Michigan, the NLRB Agents<br />

counted the ballots and announced<br />

the bakers had won by a two-<strong>to</strong>one<br />

margin <strong>to</strong> be represented by<br />

the BCTGM.<br />

According <strong>to</strong> International<br />

Representative and Organizer John<br />

Price, “The company is doing<br />

everything in its power <strong>to</strong> s<strong>to</strong>p<br />

the Panera bakers from becoming<br />

union members by filing erroneous<br />

objections <strong>to</strong> the election, which<br />

is really an effort <strong>to</strong> stall, avoid<br />

and delay negotiations for a first<br />

union contract.”<br />

12 BCTGM News


NDP Choose Mulcair<br />

<strong>to</strong> Lead Charge Against Harper<br />

The New Democratic Party (NDP) of<br />

Canada turned the page on a sad chapter in<br />

its s<strong>to</strong>ried his<strong>to</strong>ry, as delegates at the NDP<br />

leadership convention in Toron<strong>to</strong> selected Thomas<br />

Mulcair <strong>to</strong> become the new leader of the party,<br />

taking over for the late Jack Lay<strong>to</strong>n.<br />

“It is with great honour but<br />

also with humility that I accept<br />

this position,” said Mulcair. “The<br />

challenges facing me and my<br />

caucus are significant, but we have<br />

a tremendous team of dedicated<br />

and hard-working MPs. I know<br />

that by working <strong>to</strong>gether we can<br />

continue <strong>to</strong> achieve great results<br />

for Canadian families.”<br />

The NDP surprised everyone<br />

in last May’s federal election by<br />

winning an unprecedented 102<br />

seats, becoming the Official<br />

Opposition. The previous NDP<br />

best was 43 seats in 1988. Much of<br />

the credit for the breakthrough was<br />

given <strong>to</strong> dynamic NDP leader Jack<br />

Lay<strong>to</strong>n, and his ability <strong>to</strong> reach voters in Quebec.<br />

However, the celebration didn’t last long as Lay<strong>to</strong>n<br />

died of cancer less than four months later.<br />

Nycole Turmel <strong>to</strong>ok over the leadership post<br />

until a leadership convention could be held <strong>to</strong> pick a<br />

permanent replacement <strong>to</strong> Lay<strong>to</strong>n.<br />

The challenge of uniting the NDP, and ensuring<br />

“We won’t rest<br />

until we defeat<br />

the Harper<br />

Conservatives in<br />

2015 and form the<br />

first New Democrat<br />

government.”<br />

-new NDP Leader<br />

Thomas Mulcair<br />

the party maintains its strong position in Quebec<br />

now falls <strong>to</strong> Mulcair, who is no stranger <strong>to</strong> the<br />

politics in Quebec.<br />

Mulcair was born in Ottawa, the second oldest<br />

of ten children, but was raised in Laval, North<br />

of Montreal. Mulcair, a lawyer by trade, was first<br />

elected <strong>to</strong> the Quebec National<br />

Assembly in 1994 as MNA for<br />

Chomedey. He was reelected three<br />

times and served as critic for Justice<br />

and for Industry, as well as Minister<br />

of Sustainable Development,<br />

Environment and Parks.<br />

At Jack Lay<strong>to</strong>n’s invitation, he<br />

joined Canada’s New Democrats<br />

at the beginning of 2007. Mulcair<br />

became the first NDP MP in the<br />

province of Quebec in 20 years, by<br />

winning a by-election in Outremont.<br />

He became Jack Lay<strong>to</strong>n’s Quebec<br />

Lieutenant and Co-Deputy Leader<br />

of the NDP.<br />

After the leadership convention,<br />

Mulcair stated that he was ready<br />

<strong>to</strong> get <strong>to</strong> work immediately. “There is no time <strong>to</strong><br />

lose. With the reckless Conservatives budget cuts<br />

we know are coming next week, Canadian families<br />

expect the Official Opposition <strong>to</strong> stand up <strong>to</strong><br />

Stephen Harper and hold him <strong>to</strong> account. And this<br />

is exactly what the NDP will continue <strong>to</strong> do, every<br />

single day.”<br />

Correction<br />

The January/February issue of the BCTGM News included a feature on the 100 th Birthday of the<br />

Oreo Cookie. We listed the BCTGM locals that proudly manufacture Kraft-Nabisco products<br />

throughout North America. Not included in that list was BCTGM Local 426 members who<br />

produce a variety of Nabisco (Christie Brown) products in Toron<strong>to</strong>, Ontario.<br />

March/April 2012 www.bctgm.org 13


11 THINGS<br />

THE WEALTHIEST AMERICANS COULD BUY FOR THE U.S.<br />

THAT MOST FAMILIES CAN’T AFFORD FOR THEMSELVES<br />

Collectively, the richest 400 households in the U.S. own $1.37 trillion dollars; a number<br />

so high it’s nearly impossible <strong>to</strong> comprehend. To help put it in perspective, here’s 11<br />

things that their combined wealth—$1.37 trillion—could buy.<br />

A NEW CAR for every family in the U.S.<br />

Fill up every U.S. driver’s tank with GAS - and<br />

keep it full for 3 1/2 years.<br />

Pay off every STUDENT LOAN for every single<br />

person in the U.S.<br />

Pay off ALL CREDIT CARD DEBT for every single<br />

person in the U.S.<br />

MORTGAGE PAYMENTS for every homeowner<br />

in the U.S. for 14 months.<br />

RENT for every tenant in the U.S. for three years.<br />

All FORECLOSED HOMES in 2007 and 2008.<br />

Pay the ANNUAL SALARIES of 19 million families<br />

for one year.<br />

A $10,000 BONUS <strong>to</strong> every single worker<br />

in the country.<br />

TRIPLE the TEACHERS in the U.S. and then give<br />

each teacher in the U.S. a $30,000 RAISE.<br />

Replace 70% of the MONEY lost in the<br />

Great Recession of 2008.<br />

Infographic: United for a Fair Economy, faireconomy.org<br />

14 BCTGM News


Mo<strong>to</strong>r Club for Union<br />

Members Beats AAA<br />

Take the BCTGM Power/Union Plus Mo<strong>to</strong>r<br />

Club on your next trip and the next time you<br />

have a roadside emergency, you’ll be happy<br />

you’re a member. The BCTGM Power/Union<br />

Plus Mo<strong>to</strong>r Club offers roadside assistance<br />

program that’s a better deal than AAA.<br />

With the BCTGM Power/Union Plus Mo<strong>to</strong>r<br />

Club, you can have peace of mind for your<br />

entire family for just $69.00 per year. And when<br />

you sign up for a full year, you can receive $40 in<br />

gas reimbursements.<br />

To enroll call 800-454-8722 or go online <strong>to</strong> unionplus.org.<br />

Mo<strong>to</strong>r Club Features<br />

Emergency roadside assistance and locksmith services up <strong>to</strong><br />

$125 per service call. Three au<strong>to</strong> service calls per year for you<br />

and your family.<br />

$40 rebate <strong>to</strong>wards gas purchases when paying for a yearly<br />

membership.<br />

Roadside assistance plans cover you whether you are the<br />

driver or a passenger in any au<strong>to</strong>.<br />

27,000 independent, dependable au<strong>to</strong> repair and car<br />

<strong>to</strong>wing service providers across the United States <strong>to</strong><br />

ensure 24-hour emergency roadside assistance.<br />

All calls answered in the United States of America.<br />

Free maps, road atlases, trip routing, travel assistance, <strong>to</strong>wing<br />

services, locksmith services, mobile repair services.<br />

ASE certified mechanics available for second opinions on<br />

au<strong>to</strong> repairs and services.<br />

March/April 2012 www.bctgm.org 15


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